Centre for Policy Alternatives on 13 July, 2017

University-level discussions status of the constitution-making exercise

A discussion on the current status of the Constitution-making exercise in Sri Lanka was held on the July 6th at the Wayamba University and on 12th of July at the Sripada National College of Education, Patana. The content of the six subcommittee reports on Constitution making, as well as the importance of a new Constitution for Sri Lanka, and how to accelerate the process were topics that were discussed at the event. Lionel Guruge; Senior Researcher of the Centre for Policy Alternatives, as well as Attorney-at-Law S.G. Punchihewa moderated the discussion.

These discussions were carried out in partnership with Friedrich Naumann Foundation.

The event at Wayamba University was organized by Dr. Kelum Wijenayake.

The event at Sripada National College of Education was organized by the President of the college, Ramany Abeynayaka.

 

Centre for Policy Alternatives on 3 July, 2017

CMEV seminar on the regulation of campaign finances and the declaration of assets & liabilities in elections

Formulating laws and introducing a mechanism for regulating campaign finances is a significant sectors in the current electoral system in Sri Lanka. A series of discussions with the view to accomplishing this endeavour was held recently as an initiative of Centre for Monitoring Election Violence and International Idea in order to create awareness in the stakeholders to the electoral process. Further discussions were held in collaboration with Transparency International as well.

The distinct element of this series was that twelve districts were involved in those deliberations. Subsequently, with the involvement of selected number of participants from the said consultative discussion series along with the institutions and entities who are directly accountable for the process of regulating campaign finances – Election Commission of Sri Lanka, Commission to Investigate Allegations of Bribery or Corruption and Inland Revenue Department – another discussion was held in Colombo at the Janaki Hotel.

A large number of participants took part in the discussion which was held on the 27th of June. All the participants unanimously agreed on the need for taking the necessary steps to formulate a legal framework that enables the regulation of campaign finances, prior to the election that is to be held in the year 2020 or any other national level election that is to be held in the future.

Among the dignitaries who addressed the gathering were Nimal G.Punchihewa, Director (Legal), Election Commission of Sri Lanka; Dr. P. Saravanamuttu, Executive Director, CPA and Co- convener of CMEV; Asoka Obeysekara, Executive Director, Transparency International Sri Lanka and Manjula Gajanayake, National Coordinator, CMEV.

Meanwhile, chamber deliberations were also held in tandem. These were attended by Dr Wickramabahu Karunarathne, Leader , Nawa Sama Samaja party; Sirithunga Jayasuriya, Leader, New Socialist Alliance; Gamini Nawarathne, Former Senior Deputy Inspector General of Police (Admin & Election); Nimal G Punchihewa, Director, (Legal) Election Commission of Sri Lanka; Rohana Hettiarachchi, Executive Director of Paffrel; Sankitha Gunarathne, Manager, (RTI) TISL; Manjula Gajanayake, National Coordinator of CMEV. The discussion was moderated by Sashee De Mel, Senior Programme Manager, Transparency International Sri Lanka.

Centre for Policy Alternatives on 27 June, 2017

Basic Guide to the International Convention for the Protection of All Persons from Enforced Disappearance

The issue of enforced disappearances has impacted Sri Lankan’s across the ethnic divide for decades. The use of enforced disappearances during the “youth insurrections” of the 1970’s and 80’s and during the protracted armed conflict by both state and non-state actors is well documented. Despite several commissions of inquiry appointed by successive governments to investigate these incidents, the fate of thousands remains unknown. Several such commissions of inquiry have recommended legal reforms to address the issue of enforced or involuntary disappearances and to eliminate this phenomenon in the future. An overwhelming majority of these detailed recommendations remained unimplemented for decades. “….In order to address this issue comprehensively and to eliminate this phenomenon in the future as well as to fill an existing lacuna, the Commission strongly recommends that domestic legislation be framed to specifically criminalize enforced or involuntary disappearances.”- Report of the Commission OF Inquiry On Lessons Learnt And Reconciliation, 2011, 5.46

Sri Lanka signed the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in December 2015 and ratified it in May 2016. In order to give legal validity to the ICPPED in Sri Lanka, the Government of Sri Lanka introduced the International Convention for the Protection of All Persons from Enforced Disappearance Bill (Bill) which was gazetted on the 09th of February 2017 and subsequently tabled in Parliament.

CPA produces this basic guide to raise awareness on the proposed legislation. The next phase of the law-making process entails that the Bill is open to amendment at the committee stage debate. This basic guide is meant to inform those involved in the process and other stakeholders as to what is presently proposed. Subsequent to enactment, CPA will update this guide to ensure that stakeholders are aware of the new legislation.

Download the guide in English, Sinhala and Tamil.

Centre for Policy Alternatives on 21 June, 2017

An enduring fear: Aluthgama in 2017

The homes that were burned and the stores that were damaged have been rebuilt; Aluthgama’s infrastructure hides the violence that it recently bore. Three years ago, around Poson poya day that fell in the middle of the month of Ramazan in 2014, a destructive display of racially-motivated violence occurred that continues to haunt its streets, long after the brick and mortar damage has been rebuilt.

This piece compiles interviews, photos and observations from a visit to Aluthgama in June 2017. Created using Microsoft Sway, it can be accessed here and is embedded below.

Centre for Policy Alternatives on 18 June, 2017

Serious Concerns with Recent Comments Made Against Attorney-at-Law Mr. Lakshan Dias

18 June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned about a recent statement made by Mr. Wijedasa Rajapakse, Minister for Justice and Buddha Sasana, stating that he would “take necessary steps to remove Mr. Lakshan Dias from the legal profession” if Mr.Dias did not apologise within 24hours for a recent statement Mr. Dias made on the television programme ‘Aluth Parlimenthuwa’, Derana TV, 14th June 2017, on attacks against Christian places of worship in Sri Lanka.

CPA treats such statements by a Minister as a threat and one made against a lawyer and human rights defender who has over several decades diligently and persistently defended against attacks on fundamental freedoms and human rights. In his professional capacity he has appeared in court to uphold the fundamental rights guaranteed in the Constitution and legal framework of Sri Lanka. The Minister’s statement, intentionally or negligently misstates the issues raised by Mr Dias. We also see such threats by a senior minister as a veiled threat against anyone critical of the government, a blatant and clumsy attempt to curtail fundamental rights guaranteed in the Constitution of Sri Lanka.  Our deep concern and disappointment is compounded by the expectations of governance and democratic freedoms raised by the current government in the promises made in its ascent to office.

We understand that the reference to attacks made by Mr. Dias is based on documentation compiled by the National Christian Evangelical Alliance of Sri Lanka (NCEASL) and his reference was to 195 incidents since 2015. Minister Rajapakse goes on to state that the statement made by Mr. Dias is incorrect, as he had checked with Cardinal Malcolm Ranjith, who in turn has denied knowledge of any attacks against  Catholics. We urge the Minister to be both aware of and sensitive to the pluralism and diversity within our religious communities in his verification of facts. Credible and comprehensive verification of facts is critical and should be adhered to by ministers, religious leaders, officials, civil society representatives and others. Independence and impartiality are of utmost importance in ensuring that responsible statements are made, deep divisions in out post-war society not exacerbated or fundamental rights curtailed.

CPA urges Minister Rajapakse to broaden his sources of information and verification and to desist from threatening human rights defenders – a bad practice of governments from the past. He must ensure that no harm comes to Mr Dias as a consequence of his threat.

We reiterate our calls to President Sirisena and Prime Minister Ranil Wickramasinghe to launch an independent investigation of recent attacks against religious minorities, places of worship and businesses as a matter of national priority and to take all necessary action within the present legal framework to arrest and prosecute perpetrators. The government must take speedy and effective steps to restore the trust and confidence of all communities in its willingness and ability to protect and defend the rights of all its citizens.

Download as a PDF in English here, in Sinhala here and in Tamil here.

Centre for Policy Alternatives on 14 June, 2017

Corridors of Power | Website launch

14 June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is pleased to announce the launch of a dedicated website for the international award-winning ‘Corridors of Power’, a path-breaking project marrying constitutional reform and theory with architecture.

The project was selected as a finalist in Fast Company’s World Changing Ideas 2017 awards, under the Urban Design category.

Access the website at http://www.corridorsofpower.org

As noted online, “Fast Company sifted through more than 1,000 truly impressive entries to find the ones our panel of judges thought were the best combination of creative problem solving and potential to change our world for the better.”

Conceived of and curated by Sanjana Hattotuwa working in close collaboration with leading constitutional theorist Asanga Welikala and renowned architect Channa Daswatte, ‘Corridors of Power’ through architectural drawings and models, interrogates Sri Lanka’s constitutional evolution since 1972.

The exhibition depicts Sri Lanka’s tryst with constitutional reform and essentially the tension between centre and periphery. The exhibits include large format drawings, 3D flyovers, sketches and models reflecting the power dynamics enshrined in the the 1972 and 1978 constitutions, as well as the 13th, 18th and 19th Amendments.

The exhibition premiered late 2015, was taken around Sri Lanka in 2016 and will also be taken to key cities over the course of 2017. To our knowledge, nothing along these lines has ever been attempted or created before. The idea is also a model for other country’s to interrogate, through participatory design and visualization, what their citizens think of constitutional rule.

More details here.

Access the website at http://www.corridorsofpower.org

Centre for Policy Alternatives on 9 June, 2017

Guide to the Recommendations from the Consultation Task Force (CTF) on Reconciliation Mechanisms

The observations and recommendations of the Consultation Task Force on Reconciliation Mechanisms (CTF) Report are informed by the consultation process and relate to the context in which reconciliation is being pursued and the proposed mechanisms to achieve it.  This guide attempts to capture key recommendations of the CTF Report and is not an exhaustive resource. The entire report can be accessed here.

Download the guide here.